JK 1359 
64lh.S6 

cJpy 1 )NTESTED ELECTION CASE 



OF 



AARON P. PRIOLEAU 



V. 



RICHARD S. WHALEY 



r>!i 



FROM THE 



FIRST CONGRESSIONAL DISTRICT 
OF SOUTH CAROLINA 






WASHINGTON 
1916 



CONTESTED ELECTION CASE 



OF 



AARON P. PRIOLEAU 

V. 

RICHARD S. WHALEY 



FROM THE 



FIRST CONGRESSIONAL DISTRICT 
OF SOUTH CAROLINA 






/y^ 



WASHINGTON 
1915 







D. of D. 
DEC 2 1916 



<^^ 



CONTESTED ELECTION CASE 

OF 

AARON P. PRIOLEAU V. RICHARD S. WHALEY. 

FKOM THE 

FIRST CONGRESSIONAL DISTRICT OF SOUTH CAROLINA. 



NOTICE OF CONTEST. 

Hon. RicHAEU S. Whaley, Contestee. 

SiE : Please take notice that I will contest your pretended election as Repre- 
sentative in the Sixty-fourth Congress of the United States of America upon 
the following grounds, to wit : 

First. That at the election held in the first congressional district of South 
Carolina on the 3d day of November, A. D. 1914, for Representative in the 
Sixty-fourth Congress at divers precincts in the counties of Berkeley, Charles- 
ton, Colleton, Clarendon, and Dorchester, in said congressional district of South 
Carolina, harsh, unreasonable, antl unlawful means, rules, regulations, and 
methods were used, applied, and enforced that discriminated against the rights 
and privileges of over 55,000 citizens who intended, desired, and endeavored to 
register and to vote for Representative in the Sixty-fourth Congress ; that the 
registration officers, being your Democratic friends and supportei'S, refused to 
register a large majority of the said 55,000 citizens and voters ; the managers 
of election all being Democrats, your friends, and supporters, and acting under 
Democratic leadership, advised, denied, and refused to allow the said 55,000 
voters to cast their ballots in this election because they were American citizens 
of African descent, kno^^ n as negroes, and mostly Republicans who desired to 
vote for the contes-tant ; that the officials registered those white American 
citizens and the members of their chilis, being Democrats, to vote for the Demo- 
cratic candidate, all being contrary to the fourteenth and fifteenth amendments 
of the Constitution of the United States, the law of the State of South Carolina, 
and the act of Congress approved .Tune 25, 1S65. 

Second. That the said 55,0; H) ciiizens were deprived of the right and privilege 
of voting in this election ; tliat tliey were all over 21 yeai-s of age and are not 
laboring under nny of the disalnlities mentioned in the constitution of the State 
Of South Carolina nor in the Constitution of the United States, and they were 
entitled to vote; that they pay taxes upon property worth over $250,000 or 
more In said district; that the popular will of the voters of the district was 
suppressed and denied and their citizenship rights were not only taken from 
them but they were also un-justly discriminated against on account of their race, 
color, and previous condition of seiwitude. 

Third. That there are thousands of colored citizens in the first congressional 
district of South Carolina owning property valued at. $300, the amount of value 
in property required by the lav/s of the State of Soutli Carolina to entitle a 
citizen to register as a voter in the State ; that many others, including preachers 
of the gospel and school-teachers, were fraudulently held to be unable to read 
and write the constitution of South Carolina to the satisfaction of the members 
of the registration board; that the discretion exercised in judging the ability of 
the citizen to read and write is lodged in the registration board, which discrimi- 
nates against citizens of African descent or negroes for the reason that they are 
mostly Republicans, while the registration board allows all citizens of the white 



4 PEIOLEAU VS. WHALEY. 

race to register and to vote regardless of the requirement of tlie ownersliip of 
$300 value of property or as to whether they can read and write the constitution 
of the Stale of South Carolina. • 

Fourth. That 3,063 votes were cast for you, the Hon. W. H. Eberheart, the 
Socialist candidate, and myself in the aggregate, the consequence being that no 
valid election as required by Article I, section 2, of the United States Constitu- 
tion -N^-as held in the first congressional district of South Carolina on November 
3, 1914 ; that the sovereign power of the district expressed by the vote of the 
citizens therein was denied and I'estrained in violation of the Constitution of 
the United States ; and contestant alleges and avers that no Representative from 
the first congressional district of South Carolina was elected in the Sixty-fourth 
Congress ; that the irregularities, unlawful means, refusal and denial of citizen- 
ship rights under the laws of the State of South Carolina, enforced by you and 
your friends, have deprived the contestant of over 27,000 legal voters who tried 
and desired to vote for me as Representative in the Sixty-fourth Congress but 
were prevented by your Democratic friends and supporters. 

Wherefore the contestant alleges and avers that an honest, fair, and impar- 
tial administration of the registration laws, of the election, of the count, and 
the return of the votes cast and the votes that of right ought to have been cast, 
he were elected, but that the aggregate of 3,063 votes cast, counted, and returned 
for the thi-ee candidates, .namely, you, the contestee, Hon. Eberheart, the Social- 
ist, and myself, the contestant, at the election of November 3, 1914, did not con- 
stitute a valid election for Re])resentative in th.e Sixty-fourth Congress under 
Article I, section 2, of the Constitution of the United States, and no Representa- 
tive from the first congressional district of South Carolina has been elected, there 
being less than thirty thousand votes in the aggregate cast and counted for the 
candidates above named. I therefore appeal to Congress to apply Article I, sec- 
tion 2, of the United States Constitution and declare the seat vacant for the 
reason that an election in conformity with, the United States Constitution has 
not been held, as will be established by the law, the evidence, and petitions ad- 
duced in this case. 

Aaron P. Prioleatj, 
Contestant, Prioleau, S. C. 
By Joseph H. Stewart, 
Attorney, J/O^ La. Ave. NW., Washington, D. C. 



ANSWER TO NOTICE OF CONTEST. 

To Aaron P. Prioleait, Contestant: 
Tlie undersigned, contestee, answers your notice of contest as follows: 

1. Tliat he denies the allegations of the first, second, third, and fourth para- 
graphs of said notice of contest. 

2. Further answering said notice, the contestee alleges that the said con- 
testant has insistently and continuously for the past six congressional elections 
contested the election of the Representative duly elected to Congress from the 
first congressional district of the State of South Carolina upon practically the 
same grounds as he makes this, his seventh, contest; that the Committee on 
Elections in each instance decided against contestant, and the House of Repre- 
sentatives thereupon confirmed the decision of said Committee on Elections. 

3. That contestee further alleges that owing to the fact that contestant had 
been discharged from the employment of the Government for tampering with 
the mails, and to the further fact that contestant had been convicted in the 
United States District Court for the District of South Carolina for said ofCense, 
and had been sentenced and imprisoned therefor, he has been and is discredited 
in the said congressional district and was not at last election nor theretofore 
supported by the Republicans in said district. 

4. That contestee further alleges that the election held for Representative in 
the Sixty-fourth Congress from the first congressional district of South Caro- 
lina on November 3, 1914, in which the contestee was elected by a very large 
majority, was conducted fairly, without discrimination, and no person was pre- 
vented from voting at said election who possessed the necessary qualifications 
under the constitution and laws of the State of South Carolina, and that no 
person was deprived of voting in said election on account of race, color, or previ- 
ous condition of servitude. 

5. That contestee further alleges that the registration laws of the State of 
South Carolina are constitutional and legal, and are administered fairly and 
without discrimination, and that charges of contestant to the contrary are base- 
less fabrications and without foundation in fact. 

Wherefore contestee prays that the contest herein be dismissed. 

Richard S. Whaley, 

Contestee. 
M. RuTLEDGE Rivers, 
Nath. B. Barnwell, 
Attorneys for Contestee. 



TESTIMONY FOR CONTESTANT. 

NOTICES TO TAKE DEPOSITIONS. 

To Hon. RicpiAKi) S. Whaley, Contestee: 

Herein please take notice that the undersigned, Aaron P. Prioleau, contest- 
ant, will take the depositions of the following-named persons : Abram Stewart, 
Gilbert Holmes, C. S. Ednionston, Prioleau Willemot, Adam Aken, Harry Brock- 
enton, Cans Edney, Frankling Maynards, John Jenkin, F. R. Spring, Solomon 
Street, J. B. Fishbau, Charles Brown, Isaac Smimons, Sanco Siunter, and 
J. B. Barnwell, all of Dorchester Co., State of S. C, before S. P. Driggres, 
notary public, or any other official, at Summerville, S. C, commencing at 10 
o'clock a. m., the 3d day of February, 1915, and you are further notified that 
if the depositions of the above-named persons are not completed on the day 
lierein mentioned the same will be continued until completed. 

Aakon p. Pkioleau. 

Contestant. 
Joseph H. Stewakt, 
Jacob Mookes, 

Contestant's Attorneys. 

I hereby accept the within notice to take deposition. 

jM. Rutledge Rivers, 
N. B. Barnwell, 

Atti/s. for Contestee. 



To Hon. Richard S. Whaley, Contestee: 

Herein please take notice that the undersigned. Aaron P, Prioleau, contestant, 
will take the depositions of the following-named persons : J. H. Roberson, J. D. 
Drayton, R. B. Chisolm, R. B. Greer, B. J. Farmer, D. Singleton, and others of 
Colleton County, before H. H. Hiott, notary public, or other official, at Jack- 
sonboro, S. C, commencing at 10 o'clock a. m. the 12th day of February, 1915, 
and you are further notified that if the depositions of the above-named persons 
ai'e not completed on the dav heroin mentioned, the same will be continued 
until completed. j^^^^^ p pj^j^LEAU, 

Contestant. 
Joseph H. Stewart, 
.Tacob Moores, 
Attorneys for Contestant. 



AVe hereby accept service of the within notice. 



M. RuTLEDGE Rivers, 
N. B. Barnwell, 

Contestee' s Attys. 



To Hon. Richard S. Whaley, Contestee: 

Herein please take notice that the undersigned, Aaron P. Prioleau, contestant, 
will take the depositions of the following-named persons : F. Stanley. ( -. W. 
Steven, W. H. Washington, G. Nelson, Sam Nelson, A. Yaden, D. J. Fredrick, 
Gibbs Mitchell, S. Brown, W. H. Gibbs, S. M. Mitchell, A. Bacot, P.. Bryant, 
H. Fenley, A. Collins, W. H. Brown, Thomas Copass. S. Simmon, and others 
before F. J. Disher, notary public, or other official, at Cliarleston, S. C, com- 
mencing at 10 o'clock a. m. the 16th day of February,- 1915, and you are further 
notified that if the depositions of the above-named persons are not completed on 
the day herein mentioned the same will be continued until completed. 

Aaron P. Prioleau, 

Cotrtestnnt. 

Joseph H. Stewart, 
Jacob Moores, 

Attorneys for Contestant. 

I hereby accept service of a copy of within notice to take deposition this 17th 
day February, A. D. 1913. ^^ Rutledge Rivers. 

6 



PKIOLEAU VS. WHALEY. 



DEPOSITIONS. 



Personally appears before me GIBBS MITCHELL a Witness of Legal age, 
Who being dulj' Sworn Deposes and Says, as follows : 

Q. What is yonr Name? — A. Gibbs Mitchell. 

Q. What is your age? — A. I am Fifty Two year old. 

Q. Where do you? — A. I live in the City of Charleston, S. C, First Congres- 
sional District. 

Q. What office do you hold in the Republican Party in the First District? — 
A. I am District Congressnal Chairman. 

Q. What is the Population of the District? — A. The last censure gave us over 
one hundred and Ninty Six Thousand Population. 

Q. What is the number of Mail Voters elegable to Vote in the District? — 
A. Fifty eight to Sixty Thousand. 

Q. What is the Number of Republican Vote in the District? — A. Abut Forty 
Thousand. 

Q. What Ticket do col. People vote, Democrat or Republican? — A. Republican. 

Q. If the Colord People of the First Congresnall District could Regester freely 
and vote for there choice what number of votes would the Republican Candidate 
Receive in the election? — A. Abut Twenty Five or Thirty Thousand. 

Q. Who do you know the Republican voters of the District would have voted 
for if they were allowed to vote? — A. Aaron P. Prioleau the Republican 
Candidate. 

Q. Do you know of any Colord Tax Payer and Citizen of the District who is 
worth over Three hundred Dollars worth of Property as Required that is not 
allowed to vote? — A. I do know of Some. 

Q. Do you know of any White Democrats Debared from Registering or Vot- 
ing? — A. No ; I do not. All are allowed to vote who wish to Vote. 

Q. Do you know how much Property the Colord People of the District Pay 
Taxes on? — A. Yes; about Three or Four hundred Thousand Dollars. 

Q. Do you know the number of votes cast and counted and returned by the 
State Board of Canvas in the last Election for Congresman? — A. Yes; Three 
Thousand and Sixty Three. 

Q. Do you belong to the Regular Republican Party of the State and Dis- 
trict? — A. Yes ; I am District Chairman of the First Congressional District. 

Q. Did you Preside over the Convention that Nomonated Aaron P. Prioleam 
for Representative in Congress? — A. Yes; I did Preside. 

Q. Have you a District Executive Committee of the Republican Party of the 
First Congressional District ? — A. Yes ; I have a Committee. 

Q. Where did you hold your last Congressional Convention? — A. At SummeF- 
ville, S. C, October 23th, 1914. 

Q. Who is your Republican State Chairman for South Carolina? — A. Josepii 
W. Tolbert, of 96, South Carolina. 

Q. Is there a State Executive Committee of the Regular Republican Party? — 
A. Yes ; there is. 

Q. Were you a member of the last State Convention that Elected State Chair- 
man and the Executive Committee? — A. I was. 

Q. Where was this Convention held? — A. At Columbia, S. C. 

Q. Who Presided over that State Convention? — A. Aaron P. Prioleau as 
Chairman. 

Gibbs Mitchell, [l. s.] 

Personally appeared before me Gibbs Mitchell, who, being duly sworn, de- 
poses and says the above is a true and correct statement. Sworn to and sub- 
scribed before me the 16th day of February, A. D. 1915. 

[seal.] T. G. DlSHEK, 

■ Notary Public for S. C. 



Personally appears before me CHARLES W. STEPHENS, a witness of legal 
age, who, being duly sworn, deposes and says the following : 

Q. What is your name and age? — A. Charles W. Stephens; age. Fifty Four 
years ; Residence, City of Charleston, First Congressional District. 

Q. Are you a Republican or Democrat?— A. A Republican. 



8 PEIOLEAU VS. WHALEY. 

Q. Do you vote Republican or Democrat Ticket? — A. I vote the Republican 
Ticket. 

Q. Do you know the Population of the District?— A. Yes. Population about 
one hundred and Ninty Six Thousand 

Q. How do you know? — A. By the Records of the Censunes. 

Q. Do you know the Number of votes in this Discrit? — A. Yes; about Sixty 
Thousand votes. 

Q. What Number of Republican votes are here? — A. About Forty Thousand 
votes. 

Q. Can Colord People of the District Register? — A. No. 

Q. Are they voters of the Democrat or Republican Ticket? — A. Republican 
Ticket. 

Q. If they could have registered who would they have voted for? — A. The 
Republican candidate, Aaron P. Prioleau. 

Q. Do you know the number of votes that was cast in the last election? — A. 
Yes ; three thousand and sixty-three. 

Q. Do you know of any Colord Tax Payer in the District who is not allowed 
to vote and is worth over three hundred dollars? — A. Yes; a great many. 

Q. Are all of the white Democrat of the district allowed to vote and reg- 
ister? — A. Yes. 

Charles W. Stevens, [l. s.] 

Sworn to and subscribed before me this 17th day of February, A. D. 1915. 

[SEAL.] T. G. DiSHER, 

Notary Public, S. C. 

I herein Cooberate the above Statemt of C. W. Stephens in the election 
contest of Aaron P. Prioleau versus Hon. Ricliard S. Whaley. 

W. H. Washington, [l. s.] 



Persoualy appears before me SAM. NET.SON wlio being Duly Sworn Deposes 
and Says. 

Questions. — A. Witness of Legal Age. 

What is your Name? — A. Sam. Nelson. 

Q. Whare do you live? — A. No. 80 Line St., in the city of Charleston, S. C, 
First Congresonal District. 

Q. How old are you? — A. Forty Seven years. 

Q. Are you a Republican or Democrat? — A. A Republican. 

Q. Do you know the number of votes in this District?— A. Yes. Aljout Sixty 
Thousand. 

Q. Do you know the Population of the District?— A. Yes about one hundred 
and Sixty Thousand. 

Q. How do you know?— A. By the Record of 1910. 

Q. If the Colord People coiild Register and vote freely who would have 
voted for? — A. Aron P. Prioleau for Congress. 

Q. What is the Republican Vote of this District?— A. About Thirty Thou- 
sand if they all could vote. 

Q. Do you know of any Colord Person in the District who is a Tax Payer 
who cannot get a Registration Certificate?— A. Yes I know of a large number 
of Sucli. 

Q. Do you know of any white Democrat who is Debared from voting in this 
District?— A. No, all Democrats can vote in this District. 

Q. If a Colord man dose not Pay his Poll Tax what do they Do with him?— 
A. They Jail him. 

Q. Do you know of any white Person who has been .Tailed for not Paying 
there Poll Tax?— A. No. 

Q. Do you know of any Colord Person who Pays taxes of Three hundred 
Dollars or more, who is not allowed to Register as a Voter? — A. Yes a large 
Number. 

Q. How do you know.— A. I have Seen them apply for Registation Certifi- 
cates and wer Refused the Sam. 

Q. Do you know the amount of Taxes that is Paid by the Colord People in 
the District?— A. Yes. A. About Four or Five luindred Thousand Dollars on 
Property Real and Personal. 



PEIOLEAU VS. WHALEY. 9 

Q. Do you know the amount of .Total Vote Casted for Representive in Con- 
gress at the Election held in November 3th 1914? — A. Yes Three Thousand and 
Sixty Three Votes. 

Sam Nelson, [l. s.] 

Sworn to and Subscribed Defore me this 17th Day of February A. D. 1915. 

[seal.] T. G. DlSHEE, 

Notary Public For S. C. 

I herein Corbrate the Statemt of Sam Nelson, in the above Election Contest. 

RoBT. Yeadon. [l. s.] 
W. H. Brown, [l. s.] 



Personally appears before me R. W. WRIGHT, a witness of legal age, who 
being duly Sworn Deposes and Says : 

Question— R. W. Right 

Q. No 6 Morris St. 

Q. County of Charleston First Congresinal District 

Q. Sixty years of age, 

Q. The numbr of Congresinal Votes in the First District is Fifty Eight or 
Sixty Thousand 

Q. How do you know do you know in Regards to the number of Votes in the 
District — Answer by the united States Census of 1910— Do Colord People Pay 
Taxes, Yes. 

Q. Can the Colord People who Pay Taxes Register freely— No 

Q. Do you know of any white Person who Pays Taxes Debard from Vot- 
ing — No. 

Do you know of a:ny Debared Registering — No 

Do you know of any Colord Person who is worth Three hundred Dollars or 
over who is not allowed to Vote — ^Yes. 

Q. How Do you know that they are not allowed to vote — because I See there 
Tax Receipts, 

Q. Do you know of any white Democrat in this Distric who is Debared from 
Voting — A. No 

What Party Democrat or Republican have the majority in the District. — the 
Republican Party has the majority. 

What Party has charge of the Registration office and Elections, in this 
District — the Democratic Party. 

Do you know the Amount of Taxable Property owned by the Colord People 
in the District — Yes, About Five hundred Thousand Dollars. 

Do you know of Colord Person who can Read and write, that cannot get a 
Registration Ticket, — Yes, meny. 

What number of votes the Republican Candidates could receive in this Dis- 
trict if the Republicans could vote for ther choice Abut Twenty Five Thou- 
sand votes. Would these Republicans vote for Aron P. Prioleau if they wer 
allowed to vote— Yes. 

Do you know the number of votes that was casted in the last election in 
this District for Congresmen — Yes, Three Thousand and Sixty. 

Q. How do you know, From the Return of the State Board as published. 

R. W. Wright, [l. s.] 

Sworn to and subscribed before me this 16th Day of Febuay A D 1915 — 
[seal.] T. G. Dishee, 

Notary Public For S. C. 

We herein Corborate the Statement of R. W. Wright. Relative to this 
Contest. 

Frank Shanley. [l. s.] 
D. J. Feed eek. [l. s.] 



Present at hearing, Aaron P. Prioleau, — contestee's attorney, not being pres- 
ent, — and requesting by telephone that objection be noted in record that as con- 
testee having put up nothing there was nothing to rebut, and therefore declined 
to appear. 

14436—15 2 



10 PEIOLEAU VS. WHALEY. 

C. R. ORR, being duly sworn, deposes and says, as follows : 

Q. What is your name?— A. C. R. Orr. 

Q. Where do yon live? — A. I live in the First Congressional I>istrict. 

Q. How long have you lived here? — A. Thirty years or more. 

Q. Have you read the contested election testimony in the case of A. P. 
Prioleau r.s. Hon. Richard S. Whaley? — A. Yes. 

Q. Are the matters therein stated true and correct? — A. Yes — to my knowl- 
edge. 

Q. Have you rend the petition of the citizens of tlie District? — A. I did. 

(Petition shown witness identified and i>roduced in evidence.) 

C. R. Orr. 

Sworn to tiefore me this 3il day of April, 1915. 
[seal.] S. p. Driggers, 

Notary I'lihlir, hi. C. 



Personally before me, C. R. Orr, who, being duly sworn, deposes and says that 
he is a citizen of the aforesaid State and district and tliat he is over 21 years 
of age, who says that he read the petition of the citizens and electors of the 
first congressional district of the State of South Carolina and that the matters 
stated therein by them are true, and tliat wliich relates to the election of 
Representative in Congress tliereto are also true to the best of his knowledge 
and belief. 

C. R. Orr. 

Sworn to before me this 3d day of April, 1915. 

[seal.] S. p. Driggers, 

Notary Public, S. C. 



Charu:ston, S. C. Fchruarri 15, 1915. 
We received your two previous notices — one to take testimony in Summerville 
and the other to take testimony at Jacksonboro. We were present at the time 
and place stated in each notice, but neithei- you nor your attorneys appeared, 
and we have a certificate from the magistrate in Sunmierville that you were 
not present, and we will show that the notary public, Mr. Hyatt, at Jackson- 
boro. was not present at the time stated in your notice. In accordance with 
your instructions we sent you the first notice to Sunnuerville, but received no 
instructions as to where to send the second, and are now enclosing same in 
tills letter, wliich we are directing in accordance with the post-office stamp on 
your letter. \^'e also acknowledge receipt of your notice for talving testimony 
iit Charleston on the 16th. 
Very truly. 

]\I. RuTLEDGE Rivers. 



Personally appeared before me, Aaron P. Prioleau, who being duly sworn 
ftlejioses and says that he is tlie contestant in the election of Aaron P. Prioleau 
V. Hon. Richard S. Wlialey, the contestee for a seat in the Sixty-fourth Con- 
gress, and that all notices and matters in the said contest were served in due 
form and time ; and he were unable to procure tlie services of notary public 
to take dei)osition in the. first part of his forty (40) days owing to the fact 
that all the colored notary public and Republican were removed by the 
governor of the' State during the term of Governor Cole L. Blease, and that 
later in his time allowed under the law to talie deposition he secured the 
services of Hon. T. R. Disher and S. P. Drigger, white Democrats, notaries 
public for the said State of South Carolina, and that the said deposition and 
matters pertaining to the said contest were all taken and done witliin the time 
allowed to contestants in election-contest cases, and that the same was held for 
tlie taking of deposition of the contestee, Hon. Richard S. Whaley, and now 
forward to the Clerk of the House of Representatives, as required under the 
rules and law governing election-contest cases. 

Aaron P. Prioleau, 

Contestant. 

Sworn to before me this 19th day of May, A. D. 1915. 

[seal.] E. F. Smith, 

Notary Public for S. C. 



PEIOLEAU VS. WHALE Y. H 



The Members of the 64th, Congress, Washington, D. C. 

Gentlemen : We the undersigned partionerers and electorial voterers must 
respectfully herein shows : 

(1) That we are Africo American Citizens of the United States of America 
and of the first Congressional District of the State of South Carolina and that 
we are all over 21 years of age and are not laboring undreing of the disibilities 
named in the federal or state constitution or laws there under and that we 
are tax payers and do perform all public duties that are required by other 
races and citizens of the said state and district ; 

(2) That in the election held on the 3rd; day of Nov; A. D. 1914; for repre- 
senta in the 64th ; congress we wished to cast our ballot by voting for our 
choice in said election but we were denied and deprived by the discrimina- 
tion of the registration and election officers by the inforcement of unlawful 
means and rules against colored citizens known as negrows on account of their 
race color and previous conditions of servitude and because we ware Repub- 
licans and vote for the party candidate and wishes to vote for the dontestiant 
Aaron P. Prioleau in this election. 

(3) That the registration officials and managers and all officials of the 
lection in the state and district are democrates and the frien and supporters 

of the contestee of Richd. S. Whaley they Democrate Canadate and 

that they registered all the white citizens and democrates voters that belongs 
to their party and clubs to entitle them to vote ; while we who are Africao 
Americans known as negroes and are republicians are deprived and denied 
the rights to vote except a few ; while all other ciziens and races enjoy the 
rights to vote for their choice ; 

(4) That the votes cast and counted and returned from the lection for 
representative in the 64th ; Congress on the Brd ; day of Nov ; 1914 ; where only 
3068 while the United States sensus of 1910 shows that the population of the 
first congressional district of the state of South Carolina are over 196000 and 
that the electorial voters of said District of Male Citizens entitle to vote are 
over 5S000 which shows conclusively that the contention of a discrimanation 
in said district is right and that the popular votes and the will of the the 
majority are suppressed ; and the election when the contestant and the con- 
testee and the socialiast candidates air only receive 3.063 and average of only 
about 4.000 in the election held for representati in congress for the last twleve 
years as will be shown by the records of the contest of the contestant Aaroon. 
P Prioleau now in Congress ; 

(5) Wherefore we your partionerers pray that your honarble body will enact 
such laws that will enforce the United State Constitution and laws there 
under which are the supreme laws of the land that guarntee to all citizens 
equel and due protection in their civil and polictical rights and their life 
liberty and property under the law we are now held as subjects with no rights 
and privilleges as American Citizen ; the votes showes that the majority are not 
voting and their can be no valied election held in the state and district untill 
the electors are allowed to vote and their votes counted for whom they voted 
for ; and as the votes cast and counted and returned in this election for repre-' 
sentative in Congress being far below the constitutinial requirement for the 
election of a congressman from an any district in the United States in the 
name of humanity justice and justice to all under the federal constitution the 
supreme laws of the land their was no valid election held in this election ; 
all of which we your partioners humbly pray and submit for your due con- 
sideration and action in the premisesses. 

W. H. Ayer. Felix. 

C. Orr. J. Wilson. 

E. Plamelton. W. Anderson. 

Lawrence Rivers. C. Anderson. 

W. Garvin. E. Ridley. 

W. Seals. J. Fishburn. 

J. Watson. ■ Dr. J. H. Alston. 

C. Cuilt. Washington. 

Walter Jones, Peter Simmons. 

E. J. Monzon. F. S. Edwards. * 

Frank Springs. S. M. Walker. 

S. A. Mitchel. T. H. Pinckney. 

N. Jenkins. • W. C. Rush. 



12 



PEIOLEAU VS. WJIALEY. 



Jas. Tharpo. 
W. M. Myers. 
Prence Louis. 
Primes Goodwin. 
Neacl Johones. 
July Ribbas. 
Louis Gillard. 
Chace Addon. 
Petter Brown. 

B. J. Cans. 
E. D. Evius. 
Ammes Giwbs. 
Henry Jahnson. 
Fred Gaut. 

J. B Bull. 
Larry Brown. 
Tim Bruton. 
Charles Bruton. 
Primas Jahnson. 
H. A. Preston. 
S. H. Sumter. 
Henry Willcon. 
Nelcon Brown. 
Carles Fard. 
James Jackson. 
Adam Akin. 
Pinkey Akin. 
James Andson. 
John Gibs. 
James Sinslteen. 
D. T. Smith. 

D. J. Washigton. 
Herry Smalls. 
Jake A. Treasvel. 
B R AVillason. 
Chaney Nelcon. 

C. J. Brown, 
ben Bradfoot. 

W. H. Hanbleton. 
Beator Glover. 
James Johnson. 
Frank Bailley. 
John Knoll. 
A Chivok. 
J. L. Fludd. 
Charles White. 
Joe Alston. 
Adrew Goodwin, 
Louis Johnson. 
Mose AVard. 
Frink Jimison. 
Davit Green. 
Fread Milkel. 
Ritch Olver. 
John Ball. 
Fred Ball, 
liee Thomas. 
Lanse Gilard. 

E. B Harris. 
J R Green. 
Edward Mathews. 
Jobe Fludd. 
Henry Mayes. 
John Gibs. 

G W Glover. 
J. H. Jones. 
Tom. Williams. 
Louis Mack. 



B. J. Wot. 
R H Runson. 
John ShuUer. 
Clenneut Gaudin. 
Phillip Gate. 
L J Simson. 
Joseth Gilleson. 
J. R. Green. 
Richard Brown. 
Robert Glover. 
Josepth Gogeler. 
James Hamles. 
Augst Gavan. 
Danil Wissun. 
Rolert Scoatt. 
W. H Wilsum. 
Fred Glover. 
Gerge Bird. 
James Ramsey. 
W. M. Grum. 
Wesley Wright. 
Edwin Stokes. 
Petter Shuler. 
Gus Mack. 
King Witseng. 
Thomes Pinckney. 
Sam Anderson. 
Dick Myers. 
Andrew Goodwin. 
Hutson Broowner. 
John Bartun. 
John Frames. 
Sam Mickson. 
H. W Jinkens. 
Solmon Cohne. 
S Milton. 
Neru Miller. 
Wm Dacter. 
L B Anston. 
J W Jinkens. 
Gef Green. 
Mittams Green. 
S. Frager. 
York Simmons. 
W J Brown. 
Woro Jones, 
ted Miller. 
James Brown. 
Chiles Dover. 
Robeit Johnson. 
Sam Cavlane. 
H. H hepkin. 
E J Green. 
Isaac Rivers. 
Wallus White. 
Adam Mitchel. 
Rufus Speer. 
Smart Wilson. 
L Ball. 
Wm James. 
P H Wrigh 
Wale Capers. 
W. Smith. 
Essiel Noat. 
barrel Benit. 
J. Black. 
Julius Ruper. 
D. Frank Simuns. 



PRIOLEAU VS. WHALEY. 



W. M. dicson. 
L. W. dase. 
W. h. Buler. 
J. Johson. 
Murris Nelsiin. 
R. W. Wining. 
J. Felder. 
cain Patson. 
Richar James. 
Adan Brook. 
Ricliard Diclvson. 
Geoj Jolins. 
Siput Jinljson. 
Jack Grayan. 
Sandia gaddason. 
R. S. Simmon. 
George Murry. 
J. H. hill. 
Thomas Ford. 
J. S. Mack. 
H. Judge. 
R. Siman. 
W. h. Smitli. 
W. C. Capers. 
R. W. Goodman. 
Ruby dare. 
P. Stealion. 
J. Felder. 
L. White. 
D. Pearry. 
0. G. Presly. 
J. S. Smith. 
N. Ritclison. 
W. H. Keley. 
W. H. Willis. 
J. A. McQueen. 
J. H. Brown, 
henry Colvil. 
H. Garbel. 
D, C. Jones. 
W. h. Parler. 
hexter Green. 
W^ M. Weters. 
R. Sintun. 

C. Fields. 

L. A. Wright. 
Joe Clark. 
M. Marsun. 
James Phillip. 

D. h. Sinnom. 
Poal Johnson, 
abraham Johnes. 
W. M. Robison. 
Aron Nathan. 
John Barton, 
henry Barton. 
Henry Dannel. 
J. O. Johnson. 

J. Pice. 

E. Jibs. 
M. Motan. 
Gae Smith. 

Thomas M. Washington. 

B. Gibs. 

W. M. Wrilley. 

J. A. Simmon. 

thomes gebel. 

N. F. Parker. 



Ben Michal. 
D. Anderson. 
R. Prince. 
Alic Chimason. 

C. Capers. 
George Asston. 
Ned Johnson. 
A. McCloud. 

J. Bane. 
Isum Bsston. 

D. Sinnon. 
Albert Brown. 
J. C. Chieson. 
Thomes broun. 
Joe Wilams. 
Aron Logan. 
Paul Jahsan. 
Moes Lumes. 
Paul Washton. 
John Bennet. 
M. C. Smalls. 
Lan Green. 
Frunk Jicnkins. 
W. M. Banking. 
Allan Waters. 
G. James. 

C. devine. 
Jaeseph Rivers. 

A. Draton. 
Prince Ranch. 
Steabon baillay. 
Nead Goodwin. 
S. Coat. 

J. Ancrom. 
Joe Crofford. 
Al Nickel. 
S. Jimkin. 
R. Taillar. 
R. Bennet. 
Harry Wescut. 
Richard Jones. 
J. Jackson. 

D. Jones, 
b. filliphy. 

B. James. 
Frank Grant. 
S. McGill. 
John Oulder. 

C. stard. 
Denses James. 
Solomon James. 
M. Watson. 

H. Jackson, 
phil James. 
James Matson. 

E. Smoll. 
Henry Dent. 

. paul Card. 

Edward Carter. 
Maes Johnson. 
Frank Green. 
Bill Martau. 
, Chiles Brown. 
A. Jahson. 
Denris Johnson. 
Thomas Brown. 
Izice Steabon. 



14 



PBIOLEAU VS. WHALEYf 



John L. Hoiword. 
James M C Furson. 
Margin Willams. 
J. D. Havwurd. 
Willie I'rice. 
Lanse Gamble. 
Mast. Thomas. 
Sim Wescot. 
A. Willams. 
Fayry Jolisoii. 
A. Jaues. 
H. Unsou. 
Joe Davis 
A. Coat. 
8. Gillad. 
I. Steabon. 
John Long. 
Pitt Coat. 
T. tilley. 
Isika Sinnon. 
Harrv Wescut. 
L. Taillar. 
Kenner Mitch, 
iiichard Johnson. 
Abraham White. 
Jeirv Mack. 
Allan Waitar 
Thomes F>oans. 
W. M. White. 

A. Gillard. 
K. W. Blunt. 
Ici Harrison. 
Fetter Walker. 
Jol Worran. 
July Felder. 
John Miller. 
John Liu. 

B. Brown. 
James Eichardson. 
M. N. Colmon. 

W. M. Deaut. 
Joe Gaddson. 
Sam Brown. 
Ceasl Black. 
E. Jackson. 
W. M. Washington. 
Xead Goodwin. 
John Boal. 
Gil Simmon. 
Fread Helwick. 
Frank Robison. 
B. J. Fomen. 
James Swenson. 
P. Young. 
L. Stromgs. 
Addam Michel. 
J. Williams. 
Shelley Jackson. 
Sandy Brown. 
Wm. Maldron. 
Nnru Laron. 
T. W. Black. 
S. H. Lambite. 
Sam Jakson. 
T. Wilder. 
Sephen Williams. 
S. Devox. 
James Talur. 



E. G. Green. 
West Talur. 
C. C Brown. 
S. C. Frasher. 
J. Dudly. 
T. Gatson. 
J. flaming. 
De Simons. 
G. H. Washinton. 
AV. H. Michal. 
Jack Jakson. 
John Washinton. 
C. C. Murfry. 
Pen A'ance. 
George Brantly. 
Andrew Johnson. 
C. Stard. 
S. C. Brown. 
Aron Waltas. 
Frank Green. 
Henry Ansel. 
Sam Jinkens. 
W. M. Harson. 
T. F. Felder. 
Hardy Baly. 
James Matson. 
J. E. Mutree. 
John Brown. 
Edward James. 
James hurward. 
J. S. Jatson. 
Wash Nelson. 
Samal handard. 
don Lavey. 

C. R. Rivers. 
Stevan Barley. 
W. M. Night. 
E. e. Mues. 

A. Carter. 

T. H. Bowen. 

AVash Groam. 

Tonv Belimy. 

Hardy Baly. 

Peter Johson. 

John Olver. 

Mick Nickels. 

Joe Grant. 

Henrey Breden. 

R. H. Siiann, Remi, S. C. 

Ellison Tingmann, Packsville, S. C. 

D. AV. Rose, News Island, S. C. 
L. AV. Ballard, Summerton, S. C. 
I. S. Spann, Pinewood, S. C. 

AA'. D. Monzon, Greeleyville, S. C. 
Cliarlie AA'ashington, Silver, S. C. 

B. H. Jones, Alcolu, S. C. 
J. C. Cooper, Sardina, S. C. 

L. D. Moses, News Island, S. 0. 
Thomas AV. Preston, Sandy Grove, 

S. C. 
H. N. AVilliams, Foreston, S. C. 
Eraser Gibson, St. Paul, S. C. 
A. J. Fisher, Jordan, S. C. 
John Dow, Manning, S. C. 
Ben Dupree, AVilson Mill, S. O. 
S. M. AValker, Sommerton, S. C. 
County Chairman Clarendon County, 

S. C. 



rArJJIv\S ^SUBMITTED BY CONTE^iTEE. 

And iu>w (.'oiiies Kichaid S. AVluiley, coutestee, by M. Rutledge Rivers, Esq., 
and Nathaniel B. Barnwell. Esq.. his attorneys, and objects to and protests 
against the receiving or printing of any of the alleged testimony or depositions 
siibuutted by Aaron P. Prioleau, contestant, and moves to suppress the said 
depositions on the ground that none of the said depositions or testimony was 
taken in accordance with the provisions of law in such cases made and pro- 
vided, in that no notice such as is required by law for the taking of depo- 
sitions was given ; all of \'\iiich is niure fully and specifically set forth in the 
affidavits and docmnents hereto annexed as a part hereof. 

M. Rtjtledge Riveks, 
Natii. B. Bakmwell, 

Attorneys for Coufcstec. 



Personally appeared before me, M. Rutledge Rivers, who, being duly sworn, 
says that he and Nathaniel B. Barnwell. E^•q., are the attorneys for Hon. Rich- 
ard S. Whaley, contestee, and have been the only attorneys of the said cou- 
testee since the couunencement of the contest by Aaron P. Prioleau ; that the 
said contestee duly served on the defendant his answer to the notice of contest 
which is hereto annexed on the 5th day of January, 1915, as is shown by the 
certificate of J. M. Poulnot, postmaster at Charleston, S. C, and receipt for 
registered mail attached hereto ; that no notice for the taking of depositions on 
behalf of the contestant were served on deponent save and except the ones 
hereunto annexed, to wit : 

1. Notice that Aaron P. Prioleau would take the deposition of certain-named 
persons before S. P. Driggers, notary public, at Summerville, S. C, commencing 
at 10 o'clock a. m. on 3d day of B^ebruary, ]915. 

2. Notice that Aaron P. Prioleau would take the depositions of certain-named 
persons before H. H. Hiott, notary public, at Jacksonboro, S. C, commencing 
at 10 o'clock a. m. February 12, 1915. 

3. Notice that Aaron P. Prioleau would take the depositions of certain-named 
persons before T. G. Disher, notary public, at Charleston, S. C, commencing at 
10 o'clock a. m. February 16, 1915. 

4. Notice that Aaron P. Prioleau would take the depositions of certain-named 
persons in rebuttal before S. P. Driggers, at Summerville, S. C, commencing at 
12 o'clock a. m. April 8, 1915, and that if the depositions should not be com- 
pleted on the date mentioned the same would be continued until completed on 
Monday, April 5, 1915. 

And also a letter from Aaron P. Prioleau, contestant, dated Summerville, 
S. C, January 29, 1915, stating that notices were inclosed for the taking of 
depositions at Lincolnville, Jacksonboro, and at Rimini or Manning, S. C, but 
inclosing no notices, and not stating the names of witnesses or of the notary 
public, nor the time when it was intended to take such depositions. 

That no depositions having been taken by the said contestant under the 
notices Nos. 1, 2, and 3, as appears from the affidavit of Nathaniel B. Barn- 
well, Esq., hereunto annexed, and no testimony having been offered on behalf of 
the contestant, the time for the taking of depositions on the part of contestant 
had expired prior to the 3d day of April, 1915, the date stated in the notice 
numbered 4 above. 

M. Rutledge Riveks, 

Sworn to before me this 2d day of September, 1915. 

W. L. RODRIGUES. [l. s.] 

Notan/ Public, South Carolina, 



State of South Carolina, 

County of Charleston : 
Personally appeared before me, Nathaniel B. Barnwell, who, being duly sworn, 
says that he is one of the attorneys for Hon. Richard S. Whaley, contestee, and 
that he and M. Rutledge Rivers, Esq., have been the only attorneys of the said 

15 



16 PRIOLEAU VS. WHALEY. 

contestee since tlie coimuencenieut of the contest by Aart)n I*. I'rioleau, con- 
testant; and that deponent was charj^ed with the duty of attending the taking 
of depositions by tlie contestant in the said contest ; that no notice of the taking 
of any depositions were served by the said contestant herein save and except 
the notices as set forth in the afhdavit of M. Rutledge Rivers, hereto annexed ; 
that in pursuance of the notice numbered one therein and hereto annexed, de- 
ponent left Charleston on the morning of February 3, 1915. and arrived in Sum- 
merville, S. C, before 10 o'clock on said date; that he went to the otlice of S. D. 
Driggers, the notary public named in the said notice, before 10 o'clock and 
remained in said office until after 10 o'clock, and that neither Aaron P. Prioleau, 
contestant, nor either of his attorneys, nor any of the witnesses named in the 
said notice, nor anyone else, appeared for the purpose of taking testimony or of 
being examined as witnesses or for any other purpose in connection with said 
contest ; that the said notary public informed deponent that neither the said 
Prioleau nor his attorneys had notilied him of their intention of taking any testi- 
mony before him, and after waiting a reasonable time deponent left said office 
and returned to Charleston. 

That in pursuance of the notice numbered two, therein and hereto annexed, 
deponent left Charleston on the morning of February 12, 1915, and arrived in 
.Jacksonboro, S. C., some time before 10 o'clock on said day ; that he went to the 
office of H. H. Hiott, the notary public named in the said notice, before 10 
o'clock for the purpose of examining the witnesses to be produced on behalf of 
the contestant, and foiuid the said resident locked up and uninliabited ; that he 
inquired of a party cutting wood on said premises for Mr. Hiott and was in- 
formed that he had gone fishing; that he also inquired of Joseph Clark, a shoe- 
maker and the nearest neighbor of tlie said H. H. Hiott, and was informed by him 
that Mr. Hiott had gone fishing a day or two before said date and woiild not be 
back vmtil the following day, to wit, Saturday, February 18, 1915 ; that neither the 
contestant. Aaron Prioleau, nor any of his attorneys nor any of bis witnesses 
were pi'esent or came to said residence of said Hiott while deponent was there, 
and deponent obtained no information in response to his inquiries as to the 
whereabouts of any of them except that deponent was informed by the railroad 
agent at the station that the only one of the witnesses named in said notice who 
lived imiuediately in that neighborhood was J. H. Roberson, and that he had 
been seen by the said railroad agent driving off in his wagon shortly before 10 
o'clock in the opposite direction from the residence of the said H. H. Hiott and 
apparently going either to his home or to his farm; that deponent waited a rea- 
sonable time and then left and thereafter deponent obtained from the said H. H. 
Hiott the statement hereto attached, stating that no notice had been given him 
by the said Aaron Prioleau or his attorneys of their intention to take testimony 
before him. 

That in pursuance of the notice, numbered 3, and hereto annexed the de- 
ponent went to the office of T. G. Disher (erroneously designated as T. T. 
Disher in said notice), the notary public named in said notice, at liis office at 
554^ King Street, in the city of Charleston, State and county aforesaid, at 10 
o'clock a. m., on Tuesday, February 10, 1915, for the purpose of examining the 
witnesses to be produced on behalf of the contestant, as stated in said notice, 
and found said office locked up and no one there; that, after waiting several 
minutes and no one appearing, he then went to the residence of the said T. G. 
Disher, on Coming Street, and inquired for the said T. G. Disher and was in- 
formed by his wife that he had left his house some time before and was prob- 
ably then at his office ; that deponent then went back to the office of the said 
T. G. Disher and found the same still locked up and no one there ; that neither 
the contestant, Aaron P. Prioleau, nor either of his attorneys nor any of his 
said witnesses were seen anywhere around either at the office or at the resi- 
dence of the said T. G. Fisher at any of the said times ; that thereafter, in the 
afternoon of said day, deponent received a telephone message from the said 
T. G. Disher stating that Aaron P. Prioleau, the contestant, was at his office 
with one R. W. Wright and had instructed the said T. G. Disher to proceed 
forthwith to take the testimony of the said R. W. Wright ; that it was im- 
possible for deponent to proceed at once to the office of T. G. Disher, which 
was more than a mile distant, and, moreover, that the said R. W. Wright was 
not a witness named in the notice served by the said contestant ; that deponent 
stated to the said T. G. Disher that if he would adjourn the hearing luitil 10 
o'clock the next morning the deponent would be present and cross-exanuue 
such witnesses as might be presented by the contestant ; but, as deponent is 
informed and believes and as appears from the statement of the said T. G. 



PKIOLEAU VS. WHALEY. 17 

Dislier hereunto aunexed, the said Aaron P. Prioleau proceeded to take the 
deposition of the said R. W. Wright, and the taking of depositions was then 
adjourned at the request of the said Aaron P. Prioleau until 10 o'clock a. m., 
on the following morning, to wit, Wednesday, Fehruary 17, 1915 ; that on the 
following morning, prior to 10 o'clock a. m., deponent was present at the office 
of the said T. G. Disher and remained there until 10.30 o'clock; that during 
this period none of the attorneys nor any of the witnesses appeared for the 
contestant and nothing was done by the contestant or anyone else in the matter, 
and deponent thereupon left ; that no other notice for tlie taking of depositions 
having been given within the time limited by law and no testimony at all hav- 
ing been taken within said period by the said contestant, the coutestee intro- 
duced no evidence and deponent paid no attention therefore to the notice of the 
taking of testimony in rebuttal in April, 1915. 

Sworn to before me this 3d day of September, A. D. 1915. 

Nath. B. Barnwell, 



State of South Cakolina, 
County of Dorchester: 
I, S. P. Driggers, the notary public named in the attached notice, do hereby 
certify that on Wednesday, February 3, 1915, at shortly before 10 o'clock a. m., 
Nathaniel B. Barnwell, Esq., appeared at my office at Summerville, S. C, and 
stated that he appeared on behalf of Hon. Richard S. Whaley, contestee, in 
pursuance of said notice for the purpose of examining witnesses ; that Mr. 
Barnwell remained in said office for a period of an hour or more until the time 
for the departure of the train for Charleston, and that neither Aaron P. 
Prioleau, contestant, nor either of his attarneys. nor any of the witnesses 
named in said notice, nor any one else appeared for the purpose of taking 
testimony or for any other purpose. 

S. P. Deiggers, 
Notary Piiblic, S. C, 

State of South Carolina, 
County of Colleton : 

I, H. H. Hiott, the notary public named in the notice served by Aaron 
Prioleau, contestant, on the attorneys for the Hon. Richard S. Whaley, con- 
testee, as above stated, do hereby certify that on the day and at the times 
stated in said notice, to w^it, on the 12th day of February, 1915, at 10 o'clock 
a. m., and prior and subsequent thereto, I was absent from my house and 
office at Jacksonboro, and that the same m ere locked up and uninhabited ; that 
I went off on a fishing trip on the 11th day of February, 1915, and did not 
return until Saturday, February 13, 1915 ; that no notice was given me by the 
said Aaron Prioleau or his attorneys of their intention to take testimony of 
witnesses before me, and the first I heard of the matter was the letter from 
Nathaniel B. Barnwell, Esq., one of the attorneys for the Hon. Richard S. 
Whaley. 

H. H. Htott, N. p. 

JacivSOnboro, S. C, February — , 1915. 



State of South Carolina, 

County of Charleston: 
I, T. G. Disher, notary public, named in the notice served on behalf of Aaron 
P. Prioleau, contestant, on the attorneys for the, Hon. Richard S. Whaley, con- 
testee, as above stated, do hereby certify : That the first information I received 
of the intention of the said contestant to take depositions before me was at 
about 3 o'clock in the afternoon of Tuesday, February 16, 1915, when Aaron P. 
Prioleau spoke to me on the subject. I have an office at No. 554^ King Street: 
in the citv of Charleston, where I conduct my business daily with regular 
oflice hours, and I reside on Coming Street in said city, and both my business 
and office address are well known. Between half-past 4 and 5 o'clock on the 
said date, Aaron P. Prioleau came to my oflice with one R. W. Wright, and 
acting under the instructions of the said Aaron P. Prioleau, I proceeded to take 



18 PEIOLEAU VS. WHALEY. 

the deposition of the Siiid Wi-iglit. None of the attorneys mentioned in the 
notice of the said Aaron P. Priolean were present. Before takin.g the deposi- 
tion I spoke to 3\Ir. Nathaniel B. Barnwell, one of the attorneys for tlie lion. 
R. S. AVhaley, and he advised nie that it woiild be impossible for him to come 
on such s'hort notice, and he declined to come, but stated that he would be 
present if the hearing was adjourned until 10 o'clock the next day. I in- 
formed I'rioleau of his statement, and he proceeded to take the deposition of 
the said II. W. Wright, whose name does not ap]iear amongst the witnesses 
named in said notice. On the next day, to wit, Wednesday. February 17, 
1915, Blr. Barnwell, the attorney for the said Richai'd S. Whaley. was present 
at my office at 10 o'clock, to which hour I had adjourned the taking of the 
depositions at the request of the said Aaron P. Prioleau, after the deposition 
of the said K. W. Wright had been taken. Mv. Barnwell waited until 10.30 
o'clock, and no witnesses being present for contestant, and none of the attor- 
neys for the contestiint having appeared, and nothing having been done, he 
thereupon left. 

T. G. DisHEii, 
Notary Public for ^. C. 
CiiAKi.isSTOX. S. ('.. FchriKini — . /,9/.7. 



I, J. M. Poulnot, postmaster in the city of Charleston, first congressional dis- 
trict of South Carolina, do hereby certify that on the 5th day of January, A. D. 
1915, there was deposited in the post office in the city of Charleston an envelope 
directed "Aaron P. Prioleau, Prioleau, S. C," and bearing 'the indorsements 
" From M. Rutledge Rivers, Charleston, S. C," and " Return receipt requested " ; 
personal delivery only, postage thereon being paid, and a special-delivery stamp 
and a registrj'- stamp being likewise thereon ; and that I saw inclosed in said 
envelope a paper entitled " United States of America, first congressional district 
of South Cax'olina, Aaron P. Prioleau, contestant, v. Hon. Richard S. Whaley, 
contestee. Copy answer of contestee." That I read said paper so entitled, and 
the same was a copy of the answer of contestee to the notice of contest made by 
Aaron P. Prioleau against Richard S. Whaley, and that the aforesaid envelope 
containing said copy answer of contestee was sealed up in my presence and 
deposited in the post oflSce in the city of Charleston aforesaid. 

J. M. Poulnot, 

Postmaster. 

No. 8445. RECEIPT FOR REGISTERED MAIL. 

This receipt represents a letter or parcel registered at the post ottiee indicated 
by postmark. Inquiries concerning registered mail should state the number of 
the article, date of its registration, and the names and addresses of the .sender 
and addressee. The sender of the article represented by this receipt should 
write the name and address of the addressee on the reverse side. 

Postmark. Charleston, S. C. Jan. 5, 1015. Registered. 

Postmaster, per II. 



Prioleau, S. C, 

Jan. 8, ]!)1.5. 
Postmaster, Charleston. 

Dear Sir: I deliver to-Day the Paper to A P Prioleau and oblige 

YOS J R W^IGFALL /' M 



Summerville, S. C, 

Jan. 29, 1915. 
Mes River & Barnwell. 

Attorneys, Charleston, S.'C. 
Gentlemen: Please find inclosed notice to take deposition commencing at 
Summerville. S. C, on the .",. the 5 at Lincolnville the 9, & 10, Charleston S. C. 
the 12, & 13, Jacksonborrow S. C, the 15 & 16 at Remmie, Clarendon Co S C, or 
Mailing S. C. 



PEIOLEAU VS. WHALEY. 19 

I wisli to get iu the Depositiou all oil time, with in the rules & laws and shall 
indever to give you any and all of the Same Opportunities that You have here- 
tofore have that you may wish. 

Respectfully, yours Sincerely 

Aaron P. Prioleau 

Contestant. 



To Hon. Richard S. Whaley, Contestce. 

Herein please take notice that the undersigned, Aaron P. Prioleau, contestant, 
will take the depositions of the following-named persons; Abram Steward, 
Gilbert Holmes, 0. S. Edmonson, Prioleau Williames, Adam Akins, Harry 
Brockenton, Cause Edney, Franklin Maynard, John Jenkins, F. R. Spring, Solo- 
mon Street, J. B. Fishbau, Charley Brown, Isaac Simmons, Sanco Sumter, and 
J. Barnwell, all of Dorchester Co., State of S. C, before S. P. Drigger, notary 
public, or any other official, at Summerville, S. C, commencing at 10 o'clock 
a. m. the 3d day of February, 1915, and you are further notified that if the 
depositions of the above-named persons are not completed on the day herein 
mentioned the same will be continued until colnpleted. 

Aaron P. Prioleau, 

Contestant. 
Joseph H. Steward, 
Jacob Moorer, 

Contestant Attorneys. 

I hereby accept service of a copy of the within notice of contest. 

M. Rutledge Rivers. 



To Hon. Richard S. Whaley, Contestec: 

Herein please take notice that the undersigned, Aaron P. Prioleau, contestant, 
will take the depositions of tlie following-named persons : J. H. Rol>erson, R. B. 
Chisolm, J. D. Drayton, R. B. Glover, B. J. Farmer, D. Singleton, and others 
of Colleton County, before H. H. Hiott, notary public, or other official, at 
Jacksonboro, S. C, commencing at 10 o'clock a. m. February 12, A. D. 1915 ; and 
you are further notified that if the depositions of the above-named persons 
are not completed on the day herein mentioned, the same will be continued 
until completed. 

Aaron P. Prioleau, Contestant. 
.Joseph H. Stewart, 
.Tacob Moorer, 

Attornei/s for Contestant. 

I hereby accept service of a copy of the within notice to take depositions this 
11th day of August, 1913. 

]M. Rutledge Rivers. 



To Hon. Richard S. Whaley, Contestee: 

Herein please take notice that the undersigned, Aaron P. Prioleau, contestant, 
will take the depositions of the following-named persons : F. Stanley. C. W. 
Stevers, W. H. Washington, G. Nelson, Sam Nelson, A. Yaden, B. J. Fedreck, 
Gibbs Mitchel, S. Brown, W. H. Gibbs, S. M. Mitchell, A. Bacot, B. Bryant, 
H. Fenley, A. Collin; W. H. Brown, Thomas Capass, S. Simmon, and others, 
before T. J. Disher, notary public, or other officer, at Charleston, S. C, com- 
mencing at 10 o'clock a. m. the 16th day of February, 1915 ; and you are further 
notified that if the depositions of the above-named persons are not completed 
on the day herein mentioned, the same will be continued until completed. 

Aaron P. Prioleau, Contestant. 
Joseph H. Stewart, 
Jacob Moores, 

Attorneys for Contestant. 

I hereby accept a copy of within notice to take depositions this 5th of Au- 
gust, A. D. 1913. 

M. Rutledge Rivers. 



20 PEIOLEAU VS. WHALEY. 

To Hon. lliCHAED S. Whaley, Contestee: 

Herein please take notice tlmt tlie undersigned, Aaron P. Prioleaii, contestant, 
will take the depositions of the following na^ied persons in the rebuttal : C. Orr, 
11. B. Chisolm, pj. A. Jenkins, Prioleau Williams, J. B. Fishborn, A. Stewart, 
C. S. Edmonson, also the records of witnesses in court and petitions of the 
electors of the district before S. P. Driggers, notary public, at Summerville, 
S. C, counuehcing at 12 o'clock, a. am., April 3, A. D. 1915, and you are further 
notified that if the depositions of the above-named persons are not completed 
on the day herein mentioned, the same will be continued until completed. 
Monday, April 5, 1915. 

Aaron P. Pkioleau, 

Contestant. 
Joseph H. Stewaet, 
Attorney for Contestant. 

Accept service of the within notice. 



INDEX. 

Page. 

Notice of contest 3^ 

Answer to notice of contest 5 

Affidavit of Aaron P. Prioleau 10 

Affidavit of M. Kutledge Rivers 15 

Affidavit of Nathaniel B. Barnwell 15-17 

Certificate of J. M. Poulnot 18 

Letter from M. Rutledge Rivers 10 

Notices to take depositions 6, 18-20 

Notaries' certificates 17-18 

Officers before whom depositions were taken : 

Disher, T. G 7,8,9 

Driggers, S. P 10 

Rodrigues, W. L 15 

Smith, E. F 10 

Papei"s submitted by contestee : — 15-20 

Petition addressed to Members of the Sixty-fourth Congress— 11-14 

Receipt for registered mail 18 

Testimony for contestant 6-10 

Witnesses for contestant : 

Mitchell, Gibbs 7 

Nelson, Sam 8-9 

Orr, C. R 10 

Stephens, Charles AV 7-8 

Wright, R. W 9 



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